The Religion of Law: Race, Citizenship and Children’s Belonging PDF
Preview The Religion of Law: Race, Citizenship and Children’s Belonging
The Religion of Law Race, Citizenship and Children’s Belonging Palgrave Macmillan Socio-Legal Studies Series Editor David Cowan, Professor of Law and Policy, University of Bristol, UK Editorial Board Dame Hazel Genn, Professor of Socio-Legal Studies, University College London, UK Fiona Haines, Associate Professor, School of Social and Political Science, University of Melbourne, Australia Herbert Kritzer, Professor of Law and Public Policy, University of Minnesota, USA Linda Mulcahy, Professor of Law, London School of Economics and Political Science, UK Carl Stychin, Dean and Professor, The City Law School, City University London, UK Mariana Valverde, Professor of Criminology, University of Toronto, Canada Sally Wheeler, Professor of Law, Queen’s University Belfast, UK The Religion of Law Race, Citizenship and Children’s Belonging Suhraiya Jivraj Kent Law School, University of Kent, UK © Suhraiya Jivraj 2013 Softcover reprint of the hardcover 1st edition 2013 978-1-137-02927-0 All rights reserved.No reproduction,copy or transmission of this publication may be made without written permission. Crown copyright material is licensed under the Open Government Licence v1.0. No portion of this publication may be reproduced,copied or transmitted save with written permission or in accordance with the provisions of the Copyright,Designs and Patents Act 1988,or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House,6–10 Kirby Street,London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted her right to be identified as the author of this work in accordance with the Copyright,Designs and Patents Act 1988. First published 2013 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England,company number 785998,of Houndmills,Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin’s Press LLC, 175 Fifth Avenue,New York,NY 10010. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom,Europe and other countries ISBN 978-1-349-44011-5 ISBN 978-1-137-02928-7 (eBook) DOI 10.1057/9781137029287 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources.Logging,pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. A catalog record for this book is available from the Library of Congress. For Nani and Nuri This page intentionally left blank Contents Table of Cases x Table of Legislation xii Abbreviations xiii Acknowledgments xiv Introduction 1 Towards a critical approach to law’s religion 1 Context and background 3 Theoretical frameworks: a critical socio-legal approach 5 Case studies and key arguments 8 Chapter outline 13 1 Conceptualizing Law’s Religion: Socio-Legal Perspectives 17 Introduction 17 Religion conceptualized as theology 18 Religion conceptualized as identity 22 Religion as a matter of choice? 25 Children’s rights versus parents’ rights 26 Religion as relational 26 Concluding remarks 28 2 Interrogating Law’s Religion: Critical Perspectives 29 Introduction 29 The modern emergence of the concept of religion 29 Christian universality and the racialization of non-christianness 31 Re-politicizing the concept of religion 34 Secularism and the juridical ‘authentication’ of religion 36 The contingency of law’s religion: non-christianness as race/ethnicity/culture 43 Religion, belonging and community/nationhood 48 Concluding remarks 51 3 Non-Christianness in Adoption and Child Welfare Cases: Prioritizing Racialized Religion 53 Introduction 53 The facts of the Jonathan Bradleycase 58 Prioritizing race: judicial conflations of race/ethnicity/nation with theology 60 vii viii Contents Deprioritizing the racial link: religion as theology, community and cognitive processing 69 Towards a complex notion of religion: culture and personal identity 75 Concluding remarks 80 4 Orientalism, Belonging and Nationhood 82 Introduction 82 Religion as a signifier of ‘proper’ belonging 83 Nationhood and conflictual non-Christians 91 Anxiety and religious unbelonging 98 Concluding remarks 101 5 Religion in Education: Christian Legacy, Orientalist Positioning and Common Values 102 Introduction 102 Religion and education in England: a brief historical background 106 Collective worship and RE: from Christian heritage to shared values? 108 Socio-legal perspectives on religion in education: a Christian legacy? 112 Interrogating the onto-theological concept of religion in RE and ‘knowing’ non-christianness 116 Common values and the influence of Christianity: communitarian theory in education 119 Concluding remarks 125 6 Faith in Schools: Racialized Religion, Community Cohesion and belonging 127 Introduction 127 Faith Schools under New Labour 130 Racializing religion: Muslim schools as a threat to community cohesion 136 Citizenship, belonging and the de-racialization of non-Christians 140 The productivity of values: church schools and social capital theory in education 146 The co-imbrication of religion and politics: New Labour and the influence of Christian socialism 152 Concluding remarks 156 Contents ix Conclusion 158 Interrogating law’s religion: the continued work of values in education 158 Same-race/religion-matching in adoption: the exclusionof white families 162 Bibliography 167 Index 185
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